Bernie Sanders on Homeland Security

Socialist Jr Senator; previously Representative (VT-At-Large)

Voted NO on cutting $221M in benefits to Filipinos who served in WWII US Army.

Opponents argument for voting NAY:Sen. INOUYE. From the Spanish-American War in 1898, until the end of World War II, we exercised jurisdiction over the Philippines like a colonial power. In July 1941, we called upon the Filipinos to volunteer to serve the US under American command, and 470,000 Filipinos volunteered. An Executive Order in 1941 promised Filipinos if they fought for us, they could become citizens of the US and get all of the veterans' benefits. But in 1946, the Congress rescinded the 1941 act. Well, this veterans bill has a provision in it--a provision of honor--in which, finally, after six decades, we will restore our honor and tell the Filipinos: It is late, but please forgive us. Proponents argument for voting YEA:Sen. BURR. This bill is so much more than just a pension for Philippine veterans. It is $332 million in Philippine benefits, of which $221 million is devoted to a new special pension that does not exist [previously.
Only that $221M would be cut]. Regardless of the outcome of my amendment, I support final passage of this bill. But we do have a difference as it relates to the pensions. I believe that there was not a promise made. We did not imply it. Those who made the decision on the 1946 Rescissions Act, they looked at the history very well.

Sen. CORNYN. The problem I have with this bill is that the US Treasury is not bottomless, and the funding that is being provided to create this new pension would literally be at the expense of US veterans. The $221 million that is addressed by Sen. Burr's amendment would actually go back in to supplement benefits for US veterans. And while we appreciate and honor all of our allies who fought alongside of us in WWII, certainly that doesn't mean we are going to grant pension benefits to all of our allies, [like] the British or the Australians. Vote for the Burr Amendment because certainly our American veterans should be our priority.

SUPPORTER'S ARGUMENT FOR VOTING YES:Sen. FEINGOLD: The Protect America Act (PAA) we passed last year was sold repeatedly as a way to allow the Government to collect foreign-to-foreign communications without needing the approval of the FISA Court. Now, this is something all of us support, every one of us. But the PAA actually went much further. It authorized new sweeping intrusions into the privacy of countless Americans. The bill the Senate is considering to replace the PAA does not do nearly enough to safeguard against Government abuse. So this amendment would provide those safeguards.

[The PAA allows] acquiring all the calls and e-mails between employees of a US company and a foreign company, with no requirement to get a warrant and no requirement that there be some link to terrorism. So any American who works at a company that does business overseas should think about that.

OPPONENT'S ARGUMENT FOR VOTING NO:
Sen. BOND: The purpose of this bill is, and always has been, to enable the intelligence community to act to target foreign terrorists and spies overseas.

The amendment, as it is drafted, will have a totally unexpected impact. It is difficult to explain, in an unclassified session, why this amendment is unworkable. There are only certain communications which the intelligence community is lawfully permitted to acquire, and which it has any desire to acquire, because to acquire all the communications from all foreigners is an absolutely impossible task.

I cannot describe in a public setting how they go about ascertaining which collections are important. But to say that if Osama bin Laden calls somebody in the US, we cannot listen in to that communication, unless we have an independent means of verifying it has some impact or a terrorist threat--That is the most important communication we need to intercept.

Voted NO on removing need for FISA warrant for wiretapping abroad.

Vote on passage of S.1927, the Protect America Act: Amends the Foreign Intelligence Surveillance Act (FISA) to state that nothing under its definition of "electronic surveillance" should encompass surveillance directed at any person reasonably believed to be located outside the US.

A modified version, S.2011, failed; it called for amending FISA to provide that a court order is not required for the electronic surveillance of communication between foreign persons who are not located within the US for collecting foreign intelligence information, without respect to whether the communication passes through the US or the surveillance device is located within the US.

Opponents recommend voting NO because:

Sen. LEVIN: Both bills cure the problem that exists: Our intelligence agencies must obtain a court order to monitor the communications of foreigners suspected of terrorist activities who are physically located in foreign countries. Now, what are the major differences?
Our bill (S2011) is limited to foreign targets limited overseas, unlike the Bond bill (S1927), which does not have that key limitation and which very clearly applies to US citizens overseas. Our bill does not. Now, if there is an incidental access to US citizens, we obviously will permit that. But the Bond bill goes beyond that, citing "any person." It does not say a "foreign person." We avoid getting to the communications of Americans. There you have to go for a warrant.

Proponents support voting YES because:

Sen. LIEBERMAN: I will vote for the Bond proposal (S1927) because we are at war, & there is increased terrorist activity. We have a crisis. This proposal will allow us to gather intelligence information on that enemy we otherwise would not gather. This is not the time for striving for legislative perfection. Let us not strive for perfection. Let us put national security first. We are going to have 6 months to reason together to find something better.

Voted YES on limiting soldiers' deployment to 12 months.

Vote on an amendment, SA2032, which amends HR1585, the Defense Authorization bill: To limit the deployment of a unit or individual of the Armed Forces for Operation Iraqi Freedom to no more than 12 consecutive months; and to limit Marine Corps deployment to no more than 7 consecutive months; except in time of national emergency.

Proponents support voting YES because:

Sen. HAGEL: The war in Iraq has pushed the US Army to the breaking point. When we deploy our military, we have an obligation to ensure that our troops are rested, ready, prepared, fully trained, and fully equipped. Today's Armed Forces are being deployed repeatedly for increasing periods of time. This is quickly wearing down the troops and their families, impacting the mental and physical health of our troops. Further, these deployments are affecting the recruiting and retention rates of the military. For example, the Army reached only a little over 80% of its recruiting goal for June.
This is the second month in a row that the Army has failed to recruit the number of new soldiers needed to fill the ranks. And this is with $1 billion in large cash bonus incentives.

Opponents recommend voting NO because:

Sen. KYL: Time in theater and dwell times should be a goal, rather than an absolute fixed requirement that becomes the policy of the US military determined by congressional action. By mandating a certain policy for deployment time or dwell time, the Congress is engaged in the most explicit micromanaging of what is obviously a function for the Commander in Chief and military commanders to perform. This is not something Members of Congress are knowledgeable about or would have the ability to dictate in any responsible fashion. It also would be unconstitutional. Clearly, the dwell times of troops or the amount of time in theater is an obligation of the Commander in Chief, not something for the Congress to determine.

Voted YES on implementing the 9/11 Commission report.

Vote on passage of a bill to implement unfinished recommendations of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) to fight the war on terror more effectively:

I: Improving Intelligence and Information Sharing within the Federal Government and with State, Local, and Tribal Governments

II: Homeland Security Grants

III: Communications Operability and Interoperability

IV: Emergency Management Performance Grants Program

V: Enhancing Security of International Travel

VI: Privacy and Civil Liberties Matters

VII: Enhanced Defenses Against Weapons of Mass Destruction

VIII: Private Sector Preparedness

IX: Transportation Security Planning and Information Sharing

X: Incident Command System

XI: Critical Infrastructure Protection

XII: Congressional Oversight of Intelligence

XIII: International Cooperation on Antiterrorism Technologies

XIV: Transportation and Interoperable Communication

XV: Public Transportation Terrorism Prevention

XVII: 911 Modernization

XIX: Advancement of Democratic Values

Opponents recommend voting NO because:

One of the authors of the 9/11 Commission report said, the President's announced strategy should be given a chance to succeed. That is what I think we should do, give this plan a chance to succeed. Our troops in theater, our commanders, and the Iraqi leaders all believe they can see early signs of success in this program, even though it has just begun, and they are cautiously optimistic that it can succeed. I think it would be unconscionable for the Congress, seeing the beginnings of success here, to then act in any way that would pull the rug out from under our troops and make it impossible for them to achieve their mission.

Voted NO on allowing electronic surveillance without a warrant.

Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to allow the President & Attorney General to authorize electronic surveillance without a court order to acquire foreign intelligence information, after certifying that the surveillance is directed at the acquisition of communications of foreign agents.

Proponents support voting YES because:

Intelligence is the first line of defense in the war on terrorism. That means we have to have intelligence agencies and capabilities that are agile, that are responsive to changes in technology, and that also protect the civil liberties of Americans. Let me make an analogy. With modernization, we replaced Route 66 with Interstate 40. We no longer have the stoplights and the intersections. We created on ramps and off ramps and concrete barriers to protect the citizens where traffic was moving very quickly. That is like what we are trying to do here--FISA needs modernization.

Opponents support voting NO because:

We are legislating in the dark. We do not even know what the President is doing now because he will not tell us. The New York Times exposed that the administration had authorized secret surveillance of domestic conversations. When exposed, the President claimed he was operating under inherent powers, but court decisions have found that the President cannot simply declare administration actions constitutional and lawful, whether or not they are.

Yet rather than finding out what is going on, this legislation retroactively legalizes whatever has been going on. The President already has broad latitude to conduct domestic surveillance, including surveillance of American citizens, so long as it is overseen by the FISA court.

This bill does not enhance security, but it does allow surveillance without the traditional checks and balances that have served our Nation well.

A resolution providing for consideration of the bill (H.R. 5020) to authorize appropriations for fiscal year 2007 for intelligence and intelligence-related activities. Voting YES indicates support of the current methods for intelligence-gathering used by the CIA and other agencies. The resolution's opponents say:

This bill could have and should have required a dedicated funding line for the Privacy and Civil Liberties Oversight Board. The 9/11 Commission recommended this board to serve as a civil liberties watchdog on the potential erosion of the basic constitutional rights. Now, 15 months later, we find our concerns about basic civil rights to have been well founded, but the oversight board is barely up and running [and is not funded].

Many of us believe that when the President authorized the NSA surveillance of Americans, he broke the law, plain and simple.

We are talking about the most basic fundamental civil liberties that protect the American people, and the Republican leadership will
not even let us debate it. What are they afraid of?

If you believe that this President should have the ability to spy on Americans without a warrant and without going to the FISA court, then they should write that bill and bring it to the floor, then have a debate and a vote.

The resolution's proponents say:

We have had the good fortune in this country for the last 4 1/2 years to have not had another terrorist attack on our soil, and it is not because they haven't tried. The reason for that success boils down to two things: the courage of our soldiers and the quality of our intelligence. Exceptional intelligence is the first line of defense for America in the long war on terrorism.

I think as a responsible body we have to start out by getting the facts. That means hard work that is done largely in secret. Oversight is under way, and, for the most part, the National Security Agency has been very forthcoming.

Voted NO on federalizing rules for driver licenses to hinder terrorists.

REAL ID Act of 2005: To establish and rapidly implement regulations for State driver's license and identification document security standards, to prevent terrorists from abusing the asylum laws of the United States, to unify terrorism-related grounds for inadmissibility and removal, and to ensure expeditious construction of the San Diego border fence.

Title I: Amendments to Federal Laws to Protect Against Terrorist Entry - defining more factors relevant to credibility determinations in asylum cases.

Voted NO on continuing military recruitment on college campuses.

Expresses the continued support of Congress for, and encourages the executive branch to continue challenging any judicial decision against, specified provisions of Federal law prohibiting making certain Federal contracts with or grants to institutions of higher education that prevent military recruiters from having access to their campuses and to certain information about their students.

Voted YES on supporting new position of Director of National Intelligence.

Intelligence Reform and Terrorism Prevention Act of 2004: Establishment of Director of National Intelligence, to be appointed by the President with the advice and consent of the Senate. Requires the Director to have extensive national security expertise. Prohibits the Director from being located within the Executive Office of the President or simultaneously serving as head of the Central Intelligence Agency (CIA) or any other intelligence community (IC) element.

Voted NO on emergency $78B for war in Iraq & Afghanistan.

Emergency Wartime Supplemental Appropriations Act of 2003: Vote to pass the bill that would supply $77.9 billion in emergency supplemental appropriations in fiscal 2003, including $62.5 billion for military operations in Iraq and the war on terrorism. The bill would also provide for $4.2 billion for homeland security, $8 billion in aid to allies and for Iraqi relief and rebuilding; $3.2 billion for U.S. airlines to cover additional security costs; and $1 billion in aid to Turkey.

Voted YES on permitting commercial airline pilots to carry guns.

Armed Airline Pilots Bill: Vote to pass a bill that would create a program where commercial pilots would be deputized as federal law enforcement officers and would then be permitted to carry guns aboard airlines. To participate in the program, commercial pilots would have to undergo specialized training. At least 250 commercial pilots would undergo the training. Within two months of the bill's enactment, the Transportation Security Agency or TSA, would then be required to begin weapons training for pilots who had volunteered for the program. Airlines and pilots will not be held legally accountable when defending planes from terrorist acts except in cases of willful misconduct or gross negligence The TSA could temporarily put the program on hold if a pilot's gun unintentionally discharges and causes injury to a crew member or passanger. The bill also would entail flight attendants to undergo self-defense training. Also study training all federal law enforcement officers on aviation anti-terrorism.

Voted NO on $266 billion Defense Appropriations bill.

Vote to pass a bill appropriating $266 billion in defense spending for FY 2000. Among other provisions the bill would allot $1.2 billion for research and development for next-generation tactical aircraft, yet would not include $1.8 billion in procurement funds for the new F-22 Raptor combat aircraft. The bill would also fund a 4.8 percent pay increase for military personnel. The bill would also allot $93.7 billion for operations and maintenance to be used to maintain military properties and spare parts that have been reduced due to overseas military combat missions.

End the use of anti-personnel mines.

the Department of Defense should field currently available weapons and other technologies, and use tactics and operational concepts, that provide suitable alternatives to anti-personnel mines and mixed anti-tank mine systems; and

the United States should end its use of such mines and join the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction.

Amends the National Defense Authorization Act for Fiscal Year 1993 to make permanent (currently terminates on October 23, 2003) the prohibition on the transfer of anti-personnel landmines.

Directs the President to establish an interagency working group to develop a comprehensive plan for expanded mine action programs, including victim rehabilitation, social support, and economic reintegration.

Peace Action, the merger of The Committee for a Sane Nuclear Policy (SANE) and The Freeze, has effectively mobilized for peace and disarmament for over forty years. As the nation's largest grassroots peace group we get results: from the 1963 treaty to ban above ground nuclear testing, to the 1996 signing of the Comprehensive Test Ban Treaty, from ending the war in Vietnam, to blocking weapons sales to human rights abusing countries. We are proof that ordinary people can change the world. At Peace Action we believe...

That every person has the right to live without the threat of nuclear weapons.

That war is not a suitable response to conflict.

That America has the resources to both protect and provide for its citizens.

As the Pentagonís budget soars to $400 billion, 17% of American children live in poverty. For what the US will spend on Missile Defense in one year we could: put over a million children through Head Start OR provide healthcare for over 3.5 million children OR create over 100,000 units of affordable housing OR hire over 160,000 elementary school teachers. At Peace Action our priorities are clear.

The ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.

Extend reserve retirement pay parity back to 9/11.

Since September 11, 2001, members of the reserve components of the Armed Forces have been sent into harm's way and fought alongside members of the regular components of the Armed Forces.

Between September 11, 2001, and December 7, 2007, more than 600,000 members of the reserve components have been mobilized in support of military operations in Iraq and Afghanistan and for other contingency operations.

More than 142,000 members of the reserve components have been mobilized more than once during this same period.

On December 7, 2007, the conference report for H. R. 1585 offered an earlier retirement benefit for members of the reserve components who are mobilized in support of contingency operations.

The House of Representatives and the Senate agreed to the conference report on December 14, 2007.

However, the conference report only considers service performed after the date of the enactment, and this effective date fails to recognize the service and sacrifice made by members of the reserve components since September 11, 2001.

Repeal Don't-Ask-Don't-Tell, and reinstate discharged gays.

Sanders signed HR1283&S3065

Repeals current Department of Defense policy [popularly known as "Don't-Ask-Don't-Tell"] concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct.

Nothing in this Act shall be construed to require the furnishing of dependent benefits in violation of section 7 of title 1, United States Code (relating to the definitions of 'marriage' and 'spouse' and referred to as the 'Defense of Marriage Act').

Restore habeas corpus for detainees in the War on Terror.

Sanders co-sponsored restoring habeas corpus for detainees in the War on Terror

A bill to restore habeas corpus for those detained by the United States; to the Committee on the Judiciary.

Sen. SPECTER. "I introduce this legislation, denominated the Habeas Corpus Restoration Act. Last year, in the Military Commissions Act, the constitutional right of habeas corpus was attempted to be abrogated. I say "attempted to be abrogated" because, in my legal judgment, that provision in the Act is unconstitutional.

"It is hard to see how there can be legislation to eliminate the constitutional right to habeas corpus when the Constitution is explicit that habeas corpus may not be suspended except in time of invasion or rebellion, and we do not have either of those circumstances present, as was conceded by the advocates of the legislation last year to take away the right of habeas corpus.

"We have had
Supreme Court decisions which have made it plain that habeas corpus is available to non-citizens and that habeas corpus applies to territory controlled by the US, specifically, including Guantanamo. More recently, however, we had a decision in the US District Court applying the habeas corpus jurisdiction stripping provision of the Military Commissions Act, but I believe we will see the appellate courts strike down this legislative provision.

"The New York Times had an extensive article on this subject, starting on the front page, last Sunday, and continuing on a full page on the back page about what is happening at Guantanamo. It is hard to see how in America, or in a jurisdiction controlled by the United States, these proceedings could substitute for even rudimentary due process of law."